Professional Documents
Culture Documents
I. GENERAL
As mandated by the provisions of Section 50, Rule VIII, Implementing Rules and
Regulations of Republic Act 6975, otherwise known as the Department of the Interior and
Local Government Act of 1990, stipulates among others that the Bureau of Fire Protection
shall have the power to investigate all causes of fire and if necessary, file the proper
complaint with the City or Provincial Prosecutor’s Office which has jurisdiction over the
case. The tasks and responsibility of the fire arson investigators are not only limited in
conducting exhaustive investigations and filing of complaints to the prosecutor’s office
but also includes the appearance and giving of testimonies before the court of law during
legal proceedings.
The criminal offense of Arson is punishable under the Revised Penal Code particularly
Articles 320 to 326-B as amended by Presidential Decree 1613 , 1744 and Section 10 of
Republic Act 7659 (Heinous Crime Law). As provided by law it is the prosecution who
has the burden of proof and the quantum of evidence is proof beyond reasonable doubt.
Once proven, the maximum highest penalty for its commission is life imprisonment under
the present rule since the abolition of the death penalty law. Arson is a classic heinous
crime that requires skillful, scientific and systematic investigation procedures thus, the
respective chiefs of the investigation and intelligence offices of the BFP are enjoined to
closely supervise the conduct of the investigation in order to attain effective and plausible
results.
II. PURPOSE
A. To have a uniform and systematic procedures in the conduct of fire and arson
investigation from the BFP National Headquarters down to the lowest investigation and
intelligence units, to include the prompt submission of fire investigation reports.
B. To have a clear and explicable guidelines in conducting fire and arson investigation
and the filing of the necessary complaint documents before the office of the City /
Provincial Prosecutor.
C. To ensure the quality and value of the investigation being conducted by all BFP fire
and arson investigators and to expedite the investigation process and disposition of fire
and arson cases.
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During the occurrence of a fire incident, the following initial actions should be assumed
by the fire arson investigator:
Section 1. - Upon the notification of a fire call or fire incident, the duty Fire Arson
Investigator (FAI) who has jurisdiction over the location of the fire incident shall
mandatory to immediately respond at the soonest possible time. The conduct of initial
inquiry through interview and elicitation from all available witnesses at the fire scene must
be done instantaneously.
Section 2. - As soon as the area of origin or the focal point of the fire is ascertained, the
FAI shall make necessary coordination with BFP firefighting personnel to include the
volunteer fire brigades to exert diligent and careful efforts in the conduct of fire
suppression operation in the identified AREA OF ORIGIN to preserve the EVIDENTIAL
VALUE and the focal point of the fire that might be destroyed due to excessive flooding
in the area.
Section 3. - The fire scene should be well protected and secured. Coordination with local
police units or barangay personnel should be done in order to secure the fire scene from
looters and other persons who has intention of entering the burned premises, so as to avoid
contamination of the fire area.
Section 4. - In the event that the FAI discovered SUSPECTED HAZARDOUS
MATERIALS / suspected illegal or regulated chemicals, during the conduct of
investigation on the burned premises, the circumstances shall be immediately reported to
proper office (eg: BFP Hazardous Materials Office, or other law enforcement agency).
Section 5. - Once the Fire Ground Commander (FGC) declared “FIRE OUT” the FAI
shall take cognizance the responsibilities of PROTECTING and SECURING the whole
fire scene by sealing / closing the perimeter with barricade tape (Fire Lines). Posting of
uniformed BFP personnel for security purposes may also be carry out as deemed
necessary.
The followings are the mandatory duties of the Fire Arson Investigators conducting
thorough investigation on the fire scene:
Section 1. - Shall perform systematic, scientific examinations and visual reconstruction of
the fire scene. This is also to include the COMPLETE DOCUMENTATION AND
PROPER RECORDING of the fire area by the use of photography, diagrammatic sketch
and notes. The diagrammatic sketch should clearly depict the FIRE SCENE, its AREA /
POINT OF ORIGIN, AREA MEASUREMENTS, LOCATION OF EVIDENCE and other
important details.
Section 2. - Conduct interview to all witnesses. The interview should be done in
QUESTION AND ANSWER FORM and shall be done under oath preferably by a person
of authority whenever available, or be administered by the concerned BFP officer with the
rank of INSPECTOR and above. The authority of a BFP officer to administer oath is
pursuant to the provisions of Chapter III, Section 50 of R.A. 6975. All witnesses to be
conducted with a formal interview shall be FORMALLY INVITED to the fire station /
investigation office concerned in a form of INVITATION LETTER. (Please see attached
Invitation Letter for reference - Annex A)
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A. Spot Investigation Report (SIR) - Shall be made and accomplished by the FAI
concerned during the actual response to a fire incident. The SIR should contain basic
information about the fire incident. (Please see attached standard SIR format for
reference - Annex F)
All SIR must be submitted IMMEDIATELY (within 24 hours) to respective Fire Marshals
with copy furnished the OFFICE OF THE CHIEF, BUREAU OF FIRE PROTECTION,
thru fax message at the office of the INVESTIGATION AND INTELLIGENCE
DIVISION - BFP National Headquarters with Telephone / Fax Number: (02) 911-7223,
for immediate information and recording purposes.
The copy (original copy / photo copy) of the SIR of all fire incident transpired with in the
respective Area Of Responsibility (AOR) shall be consolidated and be submitted thru
proper CHANNEL. The respective OFFICE OF THE REGIONAL DIRECTOR FOR
FIRE PROTECTION shall then submit the consolidated SIR to the office of the IID - BFP
National Headquarters in BI-MONTHLY basis (every 15 th and 30th day of the month) thru
mail courier, for recording and proper disposition.
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1. Office of the Chief, BFP thru the office of the Investigation and Intelligence
Division, BFP National Headquarters;
2. Office of the Regional Director for Fire Protection;
3. Office of the District / Provincial Fire Marshal;
4. Office of the City / Municipal Fire Marshals.
The last copy (ORIGINAL or DOCUMENT ORIGINAL) shall remain in the
possession of the FAI concerned for his own personal copy and for future verification.
No UNDETERMINED cause should be reflected in any FIR.
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Since fire incidents entails damages to property, the level of authority in conducting fire
and arson investigation and completion of FIR will be based on the degree or the amount
and value of the total (aggregated) damages incurred in a certain fire incident. These levels
of authority are as follows:
A. Municipal Fire Marshal - Municipal Limit, LEVEL 1 - The municipal level,
through its MUNICIPAL INVESTIGATION AND INTELLIGENCE UNIT (MIIU)
shall have the full responsibility and power to investigate fire incidents with a total
amount of damage not exceeding to Twenty Million Pesos (Php 20,000,000.00).
B. City Fire Marshal - City Limit, LEVEL 2 - The city level, through its CITY
INVESTIGATION AND INTELLIGENCE SECTION (CIIS) shall have the full
responsibility and power to investigate fire incidents with a total amount of damage not
exceeding to Thirty Million Pesos (Php 30,000,000.00).
C. District Fire Marshal - District Limit, LEVEL 3 - The district level, through its
DISTRICT INVESTIGATION AND INTELLIGENCE BRANCH (DIIB) shall have
the full responsibility and power to investigate fire incidents with a total damages
amounting to above Thirty Million Pesos (Php 30,000,000.00), but not exceeding to Forty
Million Pesos (Php 40,000,000.00). DIIB operatives can assume the conduct of
investigation on fire incidents with damages amounting to more than 20 Million Pesos in
Municipal Levels only within their respective jurisdictions.
D. Provincial Fire Marshal - Provincial Limit, LEVEL 3 - The provincial level,
through its PROVINCIAL INVESTIGATION AND INTELLIGENCE BRANCH
(PIIB) shall have the full responsibility and power to investigate fire incidents with a total
damages amounting to above Thirty Million Pesos (Php 30,000,000.00), but not exceeding
to Forty Million Pesos (Php 40,000,000.00). PIIB operatives can assume the conduct of
investigation on fire incidents with damages amounting to more than 20 Million Pesos in
Municipal Levels only within their respective jurisdictions.
E. Regional Director for Fire Protection - Regional Limit, LEVEL 4 - The regional
director for fire protection level, through its REGIONAL INVESTIGATION AND
INTELLIGENCE BRANCH (RIIB) shall have the full responsibility and power to
investigate fire incidents with a total damages amounting to above Forty Million Pesos
(Php 40,000,000.00), but not exceeding to Sixty Million Pesos (Php 60,000,000.00).
F. Chief, Bureau of Fire Protection - National, LEVEL 5 - The Chief, Bureau of Fire
Protection, through the office of the INVESTIGATION AND INTELLIGENCE
DIVISION - BFP National Headquarters (IID) shall have the full responsibility and
power to investigate fire incidents with a total damages amounting to above Sixty Million
Pesos (Php 60,000,000.00).
- SPECIAL PROVISIONS ON CHAPTER VI OF THIS SOP:
Section 1. - In determination of the total damages incurred in a certain fire incident, the
copy of the AFFIDAVIT OF LOSS (duly notarized and itemized) from the fire victim
shall prevail. The amount of damages to be determined with regards to the Level of
Authority to Conduct Investigation shall be the TOTAL AGGREGATED DAMAGES or
the TOTAL SUM OF DAMAGES of all fire victims of the subject fire incident.
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Section 2. - The fire damage estimate made by the investigating team / FAI shall
not be the full basis for determination of jurisdictional level of investigation. Be it noted
that Aggregate Damages refers to the total damage of the whole area burned, which will
be used to determine the Level of Authority to Conduct Investigation. In such
circumstances that the damage to property is apparently high or evidently beyond the level
of authority of the present investigating units, the case shall be turned-over to higher
investigating unit.
Section 3. - In circumstances that the property gutted by fire is currently insured
in any insurance company, all copy of the duly accomplished SWORN STATEMENT OF
LOSS submitted to the INSURANCE ADJUSTERS by the fire victim must also FORM
PART and be ATTACHED together with the AFFIDAVIT OF LOSS submitted by the
fire victim to the BFP investigating body.
Section 4. - In connection with the Level of Authority to Conduct Investigation,
the concerned office handling the investigation of the fire incident shall issue FIRE
CLEARANCE CERTIFICATE (FCC) to the fire victim in lieu of the Final Investigation
Report (FIR), for purposes of insurance claims and for other lawful applications. FCC can
only be issued to fire incidents which is ACCIDENTAL in nature. (Please see attached
two forms of FCC, for insurance and non-insurance purpose - Annex J)
In such case that any BUILDING PREMISES WITH MULTIPLE
OCCUPANCIES were gutted by fire, the FCC should only be issued to the concerned
party where the FIRE ORIGINATED. Other occupants AFFECTED by the fire incident
shall be issued with FIRE INCIDENT CERTIFICATION (FIC) for their record purposes
and other legal use upon their request. (Please see attached two forms of Fire Incident
Certification for insurance and non-insurance purpose - Annex K)
Section 5. - Issuance of the copy of the FIR to any concerned party can only be
allowed in circumstances that RELEVANT LEGAL ISSUES and or QUESTIONABLE
MATTERS may arise. The request for FIR should be made in writing by the requesting
party and should be addressed to respective Chiefs of BFP Offices / Fire Marshals who
handled the conduct of investigation on the fire incident for their appropriate action.
Section 6. - All written requests for a copy of the FIR should COPY
FURNISHED the Chief, Bureau of Fire Protection with attention to the office of the IID -
BFP National Headquarters, for documentary reference.
Once a fire incident could be determined by the investigating body to be beyond their
Level of Authority to Conduct Investigation, the conduct of investigation should be
immediately turned-over to the proper office concerned in a form of ENDORSEMENT,
together with the SIR and or PIR, to include all pertinent documents / attachments. (Please
see attached standard Endorsement form for reference - Annex L)
Any other recognized investigating body of the government cannot INTERCEDE in the
conduct of fire and arson investigation without formal communication to the concerned
office handling the investigation. The intercession of any investigating body of the
government should have LEGAL AUTHORITY in order to be allowed to conduct
LATERAL INVESTIGATION in the investigation being conducted by the BFP. In case
that a CONTROVERSY INVOLVED and / or CONCERNING TO CONFLICTING
ISSUES arises in the conduct of investigation, subject fire incident case shall be turned
over to the NEXT LEVEL OF INVESTIGATING BODY for appropriate action and
disposition. However, lower investigating units are fully encouraged to resolve fire cases
that fall within their respective Level of Authority.
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c. If the person cannot afford to the services of counsel he must be provided with
one;
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The followings are the special / supplemental guidelines for FAI in conducting
arson investigation and filling of complaint procedures:
- Arson is established by proving the corpus delicti, usually in the form of
CIRCUMSTANTIAL EVIDENCE such as the criminal agency, meaning the substance
used, like gasoline, kerosene, or other combustible materials which caused the fire. It can
also be in the form of electrical wires, mechanical, chemical or electronic contrivance
designed to start a fire; or ashes or traces of such objects which are found in the ruins of
the burned premises.
- If the crime of ARSON was employed by the offender as a means to kill the
offended party, the crime committed is MURDER. The burning of the property as the
MEANS to kill the victim is what is contemplated by the word “fire” under Article 248 of
the Revised Penal Code which qualifies the crime to MURDER.
- When the burning of the property was done by the offender only to cause
damage but the ARSON resulted to the DEATH of the person, the crime committed is still
ARSON because the death of the victim is a mere CONSEQUENCE and not the
INTENTION of the offender.
- There is no special complex crime of ARSON WITH HOMICIDE. What
matters in resolving cases involving arson is the CRIMINAL INTENT of the offender.
- When the burning of one’s property results from reckless imprudence and it
leads to serious physical injuries and / or damage to property of another, the penalty to be
imposed shall not be for the crime of arson under P.D. 1613 but rather, the penalty shall be
based on Article 365 of the Revised Penal Code as a felony committed by means of culpa
- imprudence and negligence. (e.g. Reckless Imprudence Resulted to Damage to Property /
Reckless Imprudence Resulted to Serious Physical Injuries)
Section 1. - The respective Regional Directors for Fire Protection / District and Provincial
Fire Marshals / City and Municipal Fire Marshals shall supervise the proper
implementation of this Standard Operating Procedure to ensure that their subordinates will
comply and respond effectively to the requirements as stipulated in this Standard
Operating Procedure.
Section 2. - City / Municipal Fire Marshals shall seek assistance from their respective
District / Provincial / Regional Investigation and Intelligence Offices or at the office of the
Investigation and Intelligence Division - BFP National Headquarters, if deemed needed.
Section 3. - As the highest fire and arson investigating agency of the Bureau of Fire
Protection, the Office of the Investigation and Intelligence Division, BFP National
Headquarters shall have the authority to monitor, evaluate, conduct of arbitrary
verification to the fire cases and investigation procedures conducted by the lower
investigating units of the BFP. The aforementioned office may also be sought to provide
technical knowledge, assistance, suggestions and recommendations to lower investigating
units of the BFP.
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X. RESCISSION CLAUSE
All publications, memoranda and SOPs in which by any form or part found to be
inconsistent with this new Standard Operating Procedures are hereby rescinded.
All BFP personnel found violating any provision of this Standard Operating Procedure
shall be subjected to administrative action for neglect of duty / any other related charges
(criminal), and if found guilty, shall be immediately relieved from post.
Administrative sanctions shall be governed by the R.A. 6713, otherwise known as The
Code of Ethics and Professional Standards for Government Employees, other pertinent
Civil Service Laws, Office Rules, Regulations and Policies, without prejudice of filing
criminal charges if evidence so warrants.
If for any reason, any part of this Standard Operating Procedure is declared as contrary to
law, the remainder hereof not affected shall continue to remain in force and effect.
SIGNED, this 18th day of September 2008 at the Bureau of Fire Protection
National Headquarters, Union Square Condominium, Nr. 145, 15 th Avenue, Cubao,
Quezon City, Philippines.
THIS STANDARD OPERATING PROCEDURE SHALL TAKE EFFECT
IMMEDIATELY.
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